Workplace testing for drug and alcohol use has become so common that it is rarely questioned anymore. The courts have supported such testing, for the most part, and the majority of states now have laws supporting drug and alcohol testing in the …
Introduction
Workplace testing for drug and alcohol use has become so common that it is rarely questioned anymore. The courts have supported such testing, for the most part, and the majority of states now have laws supporting drug and alcohol testing in the workplace. If you have a business, follow these steps to legally test employees for drug and alcohol use.
Instructions
Difficulty: Moderately Easy
Learn How to Legally Test Employees for Drug and Alcohol Use
Steps
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Step One
Know that the law is on your side. The courts have generally supported drug and alcohol testing in the workplace and some states have laws that actually encourage it. Private employers have almost unlimited freedom in conducting these tests.
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Step Two
Be aware of the limitations. Because of the Fourth Amendment to the U.S. Constitution, which protects citizens from unreasonable search and seizure, employers must make sure their search of an employee’s urine sample for drug and alcohol use is for reasonable purposes.
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Step Three
Use individual labels and secure shipping materials to make sure urine samples and test results are kept confidential. Whatever the results of the testing, only you, your employee and the lab should ever know the results.
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Step Four
Consult an attorney if you have any doubts about the legality of your testing. You can find a good business law attorney in your local telephone book or through the American Bar Association (see Resources below).
